attributed to Ahmad. The apparent view is that this is the choice of the Qadi, and not a school position of Ahmad. If one purchases wheat and other wheat is poured onto it, the sale is not rescinded, and the ruling on it is like the ruling on fruit when other fruit emerges alongside it. And Allah knows best.

Section: If one sells land containing crops that are harvested only once, such as wheat, barley, pulses, or what is intended for its hidden part, such as carrots, radishes, onions, garlic, and the like, and he stipulates it for the buyer, then it belongs to him, whether it is cut green (qasil) or grain-bearing, hidden or visible, known or unknown; because it entered the sale as an accessory to the land, so its unknown nature or incompleteness does not cause harm, just as if one purchased a tree and stipulated its fruit after its pollination. If the sale is absolute (without condition), it belongs to the seller; because it is deposited in the land, so it is like treasure or household goods, and because it is intended for removal, so it resembles pollinated fruit. This is the opinion of Abu Hanifa and Al-Shafi'i, and I know of no dissenter regarding it. It shall remain for the seller in the land until the time of harvest without charge; because the benefit was obtained as an exception for him, and he is responsible for harvesting it at the beginning of its harvest time. And if its remaining is more beneficial for him, it is as we said regarding the fruit. Al-Shafi'i stated this as well. Abu Hanifa said: He must remove it immediately after the sale, like his statement regarding fruit, and the discussion on that has already passed. Such is the ruling for Persian reeds (qasab farisi); because it has a time at which it is cut, except that the roots belong to the buyer because they are left in the land to remain therein, and the reed itself is like fruit. If nothing of it has appeared, it belongs to the buyer. As for sugarcane, it is harvested only once, so it is like crops. If he harvests it before the time of harvest to benefit from the land for something else, he does not have the right to benefit from it; because